Petitioner is the 1st accused in Crime No.878 of 2014 of Pandalam Police Station, Pathanamthitta district registered originally for offences under Sections 294(b), 354 and 34 of Indian Penal Code. The second accused is his wife. Both the accused are Police Constables. De facto complainant herein is also a Police Constable. The petitioner and the de facto complainant are residing in the police quarters at Pandalam. 2. The gist of the allegations raised against the petitioner is that at about 8:30 a.m on 21.08.2014, the de facto complainant was assaulted by the accused persons and the accused abused her in filthy language and that the accused have committed the aforementioned offences.
3. It is the case of the petitioner that the de facto complainant's husband was living separately for the last six months and on 21.08.2014, in the early morning, when he came back to the quarters and he visited the petitioner's house, petitioner's wife had given him tea and at that time, the de facto complainant came back after her night duty and while seeing her husband in petitioner's house, she abused the petitioner, his wife and her husband with filthy language and that the petitioner has been implicated in this false allegation. Apprehending arrest in the aforementioned crime, the petitioner has invoked the remedy under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.
4. The learned Public Prosecutor would submit that though in the FIR the offences originally registered were under Sections 294(b), 354 and 34 of Indian Penal Code, later, the offence under Section 34 was deleted and after investigation accused No.2 was also deleted from the accused array. Now the petitioner is the sole accused and offences alleged are under Sections 294(b) and 354 of Indian Penal Code. The main allegation connecting the petitioner regarding the non-bailable offence of Section 354 of Indian Penal Code is that the petitioner had abused the de facto complainant in filthy language. The learned public Prosecutor would also submit that the investigation is almost complete.
5. Having regard to the totality of the facts and circumstances in this case and after hearing the learned counsel for the petitioner and the learned Public Prosecutor, I am inclined to exercise the discretion for grant of anticipatory bail to the petitioner.
7. Accordingly, it is ordered that in the event of the arrest of the petitioner in connection with Crime No.878 of 2014 of Pandalam Police Station, Pathanamthitta district, he shall be released on bail on his executing a bond for Rs.35,000/- (Rupees Thirty Five Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the investigating officer in the aforementioned crime, and subject to the following conditions:
i) The petitioner shall surrender his passport, if any, before the jurisdictional Magistrate concerned within three days from the execution of the bail bond before the Investigating Officer and if he is not a holder of passport, he shall file an affidavit to that effect in the said court. If the petitioner requires his passport in connection with his travel abroad, then he shall approach the court concerned for the release of the same and for necessary permission in that regard. In case such an application is filed, the trial court or the jurisdictional Magistrate concerned, as the case may be, is free to consider the same on merits and to pass appropriate orders thereon, taking necessary guidance from the principles laid down in the decision of this Court in the case Asok Kumar v State of Kerala, (2009(2) KLT 712), notwithstanding the aforementioned conditions imposed by this Court.
ii) The petitioner shall report before the Investigating Officer in Crime No.878 of 2014 of Pandalam Police Station, Pathanamthitta district between 10 a.m and 11 a.m on every alternate Sundays till such period as may be required by the Investigating Officer.
iii) The petitioner shall not involve in any criminal offence of similar nature.
iv) The petitioner shall not influence the witnesses or shall not tamper or attempt to tamper evidence in any manner whatsoever.
v) The petitioner shall fully co-operate with the investigation and report before the Investigating Officer as and when required by him.
If there is any violation of any of the aforementioned conditions, the bail granted to the petitioner shall stand cancelled.
Sd/-
ALEXANDER THOMAS, JUDGE.
Vdv //True copy// P.A to Judge